The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1887-05-12
Arralgnea on . SERIOUS ohargo.

L
TIE western bound train On the Chesa
peake & Ohio last Saturday brought 4
Staunton MI. J. x. McComb and his bride
who were just returning from their brida
trip. The newly married couple were driver
to the home Of the groom in the western
suburbs of the city, and shortly afterward!
Mr.. NlcComb was arrested and brought be
fore Mayor smeltzer. The charge against
him was for obtaining money under fais'
pretenses. The warrant was sworn out b.
Constable George II. Uutcheson and charg
ed the accused with having, upon false rep
resentation, obtained from Mr. j. j. Mrr
ply SIP
The case came up before Mayor Smeltzel
on Saturday evening, and was continued
until Monday, the accused being admitted
to bail in the sum of 81 900, with George
M. Cochran, Jr., rs surety.
Monday morning the trial was resumed
in the Mayors Office before his Honor
The room was crowded, and an array Of
counsel was marshalled. Commonwealth (
Attorney Braxton conducted tie prosecu
tion and the defence was represented by
Messrs. George NJ. Cochran, Jr., w. B.
era G, and Elder 81 Nelson.
The first witness examined was Mr.. J
j. Murphy. The paper in question was
shown him. 1t was a negotiable note or
the National Valley Bank of Stanton fol
$l15, dated October is, 1856, due 80 days
after date. drawn to the order of Clinedinsi
& BodelI, signed by NJ. S. Strain and en-.
dorsed by Clinedinst & Bodell and j. K.
/ McComb. The witness stated that some
time in October last Mr.. MoCom1 had
brought him the note, stating that he knew
the drawer: that she was a widow lady
living near New Providence Church, i'll
Rockbridge county; was a person OF ample
means and thoroughly responsible. Nc
| Comb then endorsed the note in Tie pres
ence of witness, and witness gave hiln
| SIP, or SIP. so in money for it. The ,.ote
was placed in bank, aud at maturity was
protested for non-p payment. Witness called
McComb's attention to the protest, ard
McComb said he would see Clinedinst &
Bodell and have the matter fixed Suisse
quently witness wrote Il letter TO M. S.
Strain, Brownsburg and the letter WAS re-
| turned endorsed mo such person at that
post Office Suit was instituted on the
note. and the Sheriff Of Rockbridge, upon
| turn that there WIS no such person III tie
county.
| On cross examination witness stated that
he WAS satisfied that McComb obtained the
money for Clinedinst & Bodell Shortly
after the note was bought Bode1l came to
witness, and witness stated to him that he
had paid McComb the money for the note.
Witness further stated, in reply to qaes-
tions by Mr.. Craig. that in October. 1886,
he (witness) regarded McComb as perfectly
Responsible; that he would have loaned him
money on his own note, and that he would
not have bought the Strain note without
| McComh's endorsement. Witness had
bought other paper from Clinedinst s. Bo-
dell: received ole note from Bodel about
| Christmas. This note was not endorsed
| by McComb. Had also had some notes on
| Clinedinst & BoGoll, endorsed by McComb.
Had let them run out, and then McComb
had taken them up with Clinedinst & Bo-
dell's note, endorsed by McComb. Pre-
vious to that time had had several transac:
tiuns with McComD, and he had always
come up To his obligations. Now held five
notes of Clinedinst & Bodell, endorsed by
McComb. Had failed to find the drawer
of either of those notes.
Had bot ght notes on faith ard credit Of
McComb. Would not have taken them
otherwise. Regarded McCoub as good.
and would have taken notes with his en-
dorsement even if he (McComb) had said
nothing as to character Of drawer.
Witness stated that he was not respoEsi-
| BILE for the warrant. He had refused to
get out warrant. He had not gone to
the Commonwealth Attorney, but the
Commonwealth S Attorney had come to
him.
Mr.. Cochran tried to ascertain who had
prompted the prosecution, and stated that
other people had been urging it on.
MIR. Braxton objected to this line Of ex-
animation. stating that the warrant was
sued outin the name of the Commonwealth.
The information had come to him as States
Attorney, and if the defence wanted to To-
cate the responsibility for the prosecution
he would assume it. Mr.. Murphy was bat
witness for the Commonwealth, and APP
peared in response to the Commonwealth
summons.
Mr. Cochran asked witness il be had not
had conversations with p. II. Trout and S.
III. Wilkes in regard to this matter. His
Honor ruled that the question need not be
answered. Witness stated that he had
been solicited to get out the warrant but
had declined.
In response to questions on redirect eX-
animation, witness stated that had he sus
pected the note to be bogus or forgery,
h would not have loaned the money.
Mr. Cutpn. IN attendant at the West
esn Iunatic Asylum, was next introduced.
lie stated that he was born and raised near
Brownsburg. and knew every one in the
neighborhood. There was no such person
as II. $. Strain. The widow of James a.
Strain lived near BroWnsburg. Her maiden
name was Byzantine Lcech, and her bus
band died in November last. So that at
the time the note was made there was no
widow Strain in the vicinity Of Browns
burg.
TIE Defence.
Mr.. J. A. Frazier was introduced On be-
half of the defence, and stated that James
A. Strain had died some IS months ago;
that his widow lived near Brownsburg, and
was the owner Of valuable property. Dip
not know Widows initials.
Col. j. G. Shields gave, in substance, the
same testimony
Judge w. A. Hudson testified that he
had known defendant for twelve years.
His reputation had always been good, and
he (witness) would not have hesitated to
accept McComb's obligation for So 900 IN
October last His credit was as good as
that OF any man i'll the county.
Inresponse to questions by Mr.. Braxton,
witness stated that even had he suspected
the genuineness of the note itself. he would